1-1                                   AN ACT
 1-2     relating to municipal or county regulation on the placing,
 1-3     screening, or height of amateur radio antennas.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 250, Local Government Code, is amended by
 1-6     adding Section 250.002 to read as follows:
 1-7           Sec. 250.002.  REGULATION OF AMATEUR RADIO ANTENNAS.  (a)  A
 1-8     municipality or county may not enact or enforce an ordinance or
 1-9     order that does not comply with the ruling of the Federal
1-10     Communications Commission in "Amateur Radio Preemption, 101 FCC 2nd
1-11     952 (1985)" or a regulation related to amateur radio service
1-12     adopted under 47 C.F.R. Part 97.
1-13           (b)  If a municipality or county adopts an ordinance or order
1-14     involving the placement, screening, or height of an amateur radio
1-15     antenna based on health, safety, or aesthetic conditions, the
1-16     ordinance or order must:
1-17                 (1)  reasonably accommodate amateur communications; and
1-18                 (2)  represent the minimal practicable regulation to
1-19     accomplish the municipality's or county's legitimate purpose.
1-20           (c)  This section does not prohibit a municipality or county
1-21     from taking any action to protect or preserve a historic,
1-22     historical, or architectural district that is established by the
1-23     municipality or county or under state or federal law.
1-24           SECTION 2.  The importance of this legislation and the
 2-1     crowded condition of the calendars in both houses create an
 2-2     emergency and an imperative public necessity that the
 2-3     constitutional rule requiring bills to be read on three several
 2-4     days in each house be suspended, and this rule is hereby suspended,
 2-5     and that this Act take effect and be in force from and after its
 2-6     passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1345 was passed by the House on March
         17, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1345 on April 27, 1999, by the
         following vote:  Yeas 140, Nays 0, 1 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1345 was passed by the Senate, with
         amendments, on April 19, 1999, by the following vote:  Yeas 30,
         Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor